To repeal sections 160.051 and 160.053, RSMo 1994, relating to the enrollment of pupils in public schools, and to enact in lieu thereof seven new sections relating to the same subject, with a contingent expiration date and an effective date of certain sections.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 160.051 and 160.053, RSMo 1994, are repealed and four new sections enacted in lieu thereof, to be known as sections 160.051, 160.053, 1 and 2, to read as follows:

160.051. A system of free public schools is established throughout the state for the gratuitous instruction of persons between the ages of five and twenty-one years. Any child whose fifth birthday occurs before the first day of [October for school year 1985-86, and before the first day of September for school year 1986-87, and before the first day of August for school year 1987-88 and before the first day of July for school year 1988-89 and each school year thereafter,] August shall be deemed to have attained the age of five years at the commencement of the [term] school year beginning in that calendar year for the purpose of apportioning state school funds and for all other purposes.

160.053. 1. [Each school district in the state, except as provided in subsection 3, may provide an assessment program to determine readiness of a child or groups of children whose fifth birthday for purposes of kindergarten and whose sixth birthday for purposes of grade one, will occur on or after July first but not later than September thirtieth of that year. Each school district may determine its own program of readiness assessment. The assessments may be administered each year, beginning with school year 1985-86, prior to the opening of the school term without charge. Only a child who by his assessment is found ready to enter kindergarten or to enter grade one that year shall receive gratuitous instruction and the school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.] If a school district maintains a kindergarten program, a child is eligible for admission to kindergarten if the child reaches the age of five before the first day of August of the school year beginning in that calendar year. A child is eligible for admission to first grade if the child reaches the age of six before the first day of August of the school year beginning in that calendar year.

2. [If a school district does not offer an assessment program to determine readiness, the parent or legal guardian of a child whose fifth birthday, for purposes of kindergarten and whose sixth birthday for purposes of grade one, will occur on or after July first but not later than September thirtieth of that year, may request an assessment to determine readiness. The school district, prior to the opening of the school term and without charge, shall assess the child's readiness for entry into school. Any child who by his assessment is found ready to enter kindergarten or to enter grade one shall be allowed to do so and the child shall receive gratuitous instruction and the school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

3.] Any kindergarten or grade one pupil beginning [his] the school term in [one] a metropolitan school district [in this state] or an urban school district containing the greater part of the population of a city which has more than three hundred thousand inhabitants pursuant to section 1 or 2 of this act and subsequently transferring to another school district in this state in which the child's birth date would preclude [his] such child's eligibility for entrance [without meeting the district's assessment requirements] shall be deemed eligible for attendance and shall not be required to meet the [assessment] minimum age requirements. The receiving school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

[4.] 3. Any child [assessed ready for kindergarten and] who [subsequently] completes [his] the kindergarten year in a metropolitan school district or an urban school district containing the greater part of the population of a city which has more than three hundred thousand inhabitants pursuant to section 1 or 2 of this act shall not be required to meet the [assessment] age requirements of a district for entrance into grade one.

[5.] 4. The provisions of [subsections 1, 2, and 3,] this section relating to [assessing for readiness to attend kindergarten and to] kindergarten instruction and state aid therefor, shall not apply during any particular school year to those districts which do not provide kindergarten classes that year.

Section 1. 1. Notwithstanding any provisions of sections 160.051 and 160.053, RSMo, to the contrary, beginning with the 1997-98 school year, all metropolitan school districts, except as provided in subsection 2 of this section, may establish and enforce a regulation which requires that a child shall have attained the age of five for purposes of kindergarten, and the age of six for purposes of grade one, on or before any date between August first and October first of that year. The school district shall receive state aid for any child admitted to kindergarten or grade one pursuant to this section, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

2. Any kindergarten or grade one pupil beginning the school term in a metropolitan school district and subsequently transferring to another school district in this state in which the child's birth date would preclude such child's eligibility for entrance shall be deemed eligible for attendance and shall not be required to meet the minimum age requirements. The receiving school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

3. Any child who completes the kindergarten year in a metropolitan school district shall not be required to meet the minimum age requirements of another school district in this state for entrance into grade one.

4. The provisions of subsections 1 and 2 of this section, relating to kindergarten instruction and state aid therefor, shall not apply during any particular school year to those districts which do not provide kindergarten classes that year.

Section 2. 1. Notwithstanding any provisions of sections 160.051 and 106.053, RSMo, to the contrary, beginning with the 1997-98 school year, all urban school districts containing the greater part of the population of a city which has more than three hundred thousand inhabitants, except as provided in subsection 2 of this section, may establish and enforce a regulation which requires that a child shall have attained the age of five for purposes of kindergarten, and the age of six for purposes of grade one, on or before any date between August first and October first of that year. The school district shall receive state aid for any child admitted to kindergarten or grade one pursuant to this section, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

2. Any kindergarten or grade one pupil beginning the school term in an urban school district in this state containing the greater part of the population of a city which has more than three hundred thousand inhabitants and subsequently transferring to another school district in this state in which the child's birth date would preclude such child's eligibility for entrance shall be deemed eligible for attendance and shall not be required to meet the minimum age requirements. The receiving school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

3. Any child who completes the kindergarten year in an urban school district containing the greater part of the population of a city which has more than three hundred thousand inhabitants shall not be required to meet the minimum age requirements of another school district in this state for entrance into grade one.

4. The provisions of subsections 1 and 2 of this section, relating to kindergarten instruction and state aid therefor, shall not apply during any particular school year to those districts which do not provide kindergarten classes that year.

Section B. The provisions of section A of this act shall become effective July 1, 1997.

Section C. Three new sections are enacted to be known as sections 3, 4 and 5, to read as follows:

Section 3. 1. Any urban school district under a court-ordered obligation to desegregate may adopt by resolution of its board of directors a policy of enrolling pupils who voluntarily apply for admission from other school districts where the race of such pupils will advance the receiving school district toward fulfillment of its court-ordered obligations.

2. If any school district elects to accept voluntary transfer pupils, it shall, by resolution, determine the number of transfer pupils it is willing to admit and ensure that pupils admitted under the policy are selected through a random process that prohibits evaluation of whether or not the pupil should be enrolled based upon such pupil's academic, athletic, or artistic performance.

3. The school district of residence of a pupil choosing to transfer pursuant to the terms of this act shall not adopt policies that in any way block or discourage pupils from applying for transfer to another district.

4. The school district enrolling such nonresident pupils shall receive state aid payments pursuant to sections 148.360, 149.015, 163.031, and 163.087, RSMo, for such pupils in the lesser amount of such per pupil aid received for resident pupils of the district or such per pupil aid received for pupils residing in the district of residence of such transfer pupils.

5. The school district of residence of such transfer pupils enrolled in another school district pursuant to this section shall not receive state aid payments on account of such pupils.

6. The school district enrolling such nonresident pupils shall have no obligation to transport such pupils from their district of residence nor to provide or pay for any such transportation but such enrolling school districts may provide transportation to such nonresident pupils within the boundaries of the enrolling school district on the same basis as it provides transportation for its resident pupils; nothing in this section, however, shall obligate the school district of residence of such pupils to provide or pay for any transportation for pupils while they are enrolled in another school district.

Section 4. 1. Any school district may adopt by resolution of its board of directors a policy of enrolling nonresident students where such pupils reside in an urban school district under a court-ordered obligation to desegregate and where the race of such pupils will advance the urban school district under a court-ordered obligation to desegregate toward fulfillment of its court-ordered obligations, provided that such nonresident admission policy prohibits evaluation of whether or not the pupil should be enrolled based upon such pupil's academic, athletic, or artistic performance.

2. The school district enrolling such nonresident pupils shall receive state aid payments pursuant to sections 148.360, 149.015, 163.031 and 163.087, RSMo, for such pupils in the lesser amount of such per pupil aid received for resident pupils of the district or such per pupil aid received for pupils residing in the district of residence of such transfer pupils.

3. The school district of residence of such transfer pupils enrolled in another school district pursuant to this section shall not receive state aid payments on account of such pupils.

4. The school district enrolling such nonresident pupils shall have no obligation to transport such pupils from their district of residence nor to provide or pay for any such transportation but such enrolling school districts may provide transportation to such nonresident pupils within the boundaries of the enrolling school district on the same basis as it provides transportation for its resident pupils; nothing in this section, however, shall obligate the school district of residence of such pupils to provide or pay for any transportation for pupils while they are enrolled in another school district.

Section 5. The provisions of sections 3 to 5 of this act shall expire upon a final judgment that is in conflict with the provisions of sections 3 to 5 of this act, issued by a court of competent jurisdiction.